Relationship with Private Sector Initiatives
In the Netherlands, the basic principle is that consumers and businesses are primarily responsible for solving consumer-rights disputes.
As a result, the Netherlands hosts a fair amount of private-sector initiatives related to consumer protection, such as consumer organisations, the Dutch Advertising Code Authority, the Complaints Boards, general discussion of contract terms in the SER-CCA (Social and Economic Council of the Netherlands/Commission for Consumer Affairs) context, industry-wide codes of conduct, certifications, etc.
The above-mentioned principle also determines in what cases action is undertaken by the Netherlands Consumer Authority. The Netherlands Consumer Authority only undertakes action if it is the best-suited institution to end structural consumer-law violations effectively.
The above-mentioned basic principle does not imply any passivity on the part of the Consumer Authority. For instance, it does not mean that the Netherlands Consumer Authority will only take action if all legal remedies open to consumers and consumer organisations have been exhausted.
If it appears that market players are not able to solve the violation quickly and efficiently, it may be a reason for the Netherlands Consumer Authority to step in, should the violation be prioritised.
Consumer Organisations
Dutch consumer organisations, such as the Dutch Consumers Association (Consumentenbond) and the Dutch Ombudsman, play an important role in representing the collective interests of consumers. It is important for the Consumer Authority to cooperate with these organisations, in order to be able to operate effectively.
To this end, agreements have been made with both organisations, requiring each organisation to share with the others the latest developments regarding compliance with consumer regulations. In addition, consumer organisations can take advantage of their right to take collective action on behalf of consumers.
The Netherlands Consumer Authority aims to coordinate its enforcement efforts in close co-operation with these private partners.
Consultation of the Private Sector
In order to facilitate consultations with the private sector, the Act provides for a consultation process with these partners.
The purpose of the consultation process is, firstly, to ensure that the Netherlands Consumer Authority's work is implemented within the private initiatives, and, secondly, to allow the Netherlands Consumer Authority to gather feedback from social organisations on the effects and effectiveness of its enforcement efforts. The consultation process will take place every quarter.
